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<br />I <br /> <br />I <br /> <br />I <br /> <br />169. <br /> <br />PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br /> <br />This Agreement is made this the 22nd day of February ,2006, between the City <br />of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and DA VCAR, Inc. <br />dba DA VCAR Engineering Services ("Engineer"), 1010 Land Creek Cove, Suite 200, Austin, <br />Texas 78746 for the provision of professional engineering services in connection with San <br />Marcos Skate Park Facility Project (the "Project"). <br /> <br />The City and the Engineer agree as follows: <br /> <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />1.1.1 Engineer will be responsible for the proper, accurate and adequate design and <br />preparation of plans and specifications and other construction contract documents and for <br />construction administration for the Project. The Project generally includes the development of a <br />10,000 SF skate park to be constructed in four phases. The skate park will include site <br />improvements such as ADA compliant sidewalk, fencing, water quality and detention ponds. <br />The detention ponds will be designed to accommodate all four phases. Phases 1 and 2 include <br />the development of the streetscape feature ("streetscape portion") of the Project, and Phases 3 <br />and 4 include the development of a 7,600 SF bowl type skate feature ("bowl feature portIOn"). <br />At the present time, the City will proceed with the streetscape portion. It is anticipated that the <br />City will proceed with the bowl feature portion upon its receipt of additional grant funding. <br />Therefore, the scope of services for the bowl feature portion of the Project is included in this <br />contract, but the Engineer understands that it will not proceed with those services without written <br />notice to proceed from the City. The Project will be constructed on City owned property in the <br />vicinity of the existing City Library and Activity Center and U.S. Army Reserve Center on East <br />Hopkins Street, and the Engineer understands that construction of this Project must occur with <br />minimal disruption to activities which normally occur within the facilities and on the property <br />surrounding those facilities. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 through 1.4 <br />and include normal civil engineering services as well as those engineering services to be <br />performed through the following consulting disciplines as subcontractors to the Engineer: <br /> <br />(1) Topographic and Tree Survey- Water Loo Surveyors, Inc. <br />(2) Skateboard Park Design Consultant- Grindline Skateparks, Inc. <br />(2) Structural Design Consultant - Frank Lam & Associates, Inc. <br /> <br />1.1.3 The performance of all services by the Engineer in connection with this Agreement will <br />be by persons appropriately licensed or registered under State, local and Federal laws governing <br />their respective consulting disciplines. In performing all services under this Agreement, the <br />Engineer will use that degree of care and skill ordinarily exercised for similar projects by <br />professional Engineers who possess special expertise in the types of services involved under thIS <br /> <br />1 <br /> <br />Davcar Skatepark <br />